Showing : 81-90 of 319 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 3(2)(Va), Indian Penal Code, 1860, Section 323, 341-- Anticipatory bail - Appeal against order rejecting application for anticipatory bail - Appeal u/s 14(1) of Act of 1989 is appealable - As offences in question are bailable, bail granted to accused in the facts and circumstances of case - Appeal allowed...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 352, 448, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)-- Offence u/ss 352, 448 IPC and S.3(1)(v) of SC/ST Act - Property dispute - Contradictions and discrepancies in daily diary of police, complaint and statement recorded u/s 161 Cr.P.C. - Only independent eye witness turned hostile - FIR lodged quite belatedly - Information given by complainant as..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468-- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with imprisonment for a term not less than 6 months but which may extend to 5 years and with fine, thus provisions of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/s 3(1)(x) of SC/ST Act - Intentional insult or intimidation with intent to humiliate a member of SC or a ST, made at any place within public view, is sine qua non for an offence u/s 3(1)(x) of SC/ST Act...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 352-- Offence u/s 3(1)(x) of SC/ST Act and S.352 IPC - Incident occurred at public place - However, none of witnesses present there has stated that PW3 was intentionally humiliated or insulted - Charge u/s 3(1)(x) of SC/ST Act not proved against accused - As far as criminal force is concerned, nobody..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)-- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses, if the materials collected during investigation do not make out any case - Session Judge committed error of law..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii)-- Rape - Allegation that accused embraced prosecutrix, took her behind bushes and committed sexual intercourse - However, no alarm was raised by prosecutrix to seek help from other woman labourers who were working at distance of 60-70 steps - Even no injury was found on body of prosecutrix and she..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 427, 504, 506-- Offence u/s 3(1)(x) of SC/ST Act and Ss.323, 427, 504, 506 IPC - Quashing of proceedings - Neither there is any averment in FIR that applicants ever called opposite party no.2 by his caste name, nor any averment about applicants being not members of SC/ST - There is also no averment that..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), (x), (xi), 2(4), Indian Penal Code, 1860, Section 303, 354, 527, 447-- Offence u/ss 3(1)(v),(x),(xi), 2(4) of SC/ST Act and Ss.303, 354, 527, 447 IPC - Order taking cognizance - Quashing of FIR - Caste of complainant is `Garuda' as SC, which is mentioned/enlisted in the notification issued by State Government - No Court is empowered to alter or amend Notification..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Hurling abuses - Incident took place in two parts - In the first incident, no abuses were hurled by accused towards first informant - However, in the second part of incident, abuses were allegedly hurled towards closed doors of complainant's house by accused - First informant admittedly did not..........

Showing : 81-90 of 319 Results